C. L. Hutchins & Co. v. United States

Nao, Judge:

This is a motion by the Government to modify an order denying its motion to dismiss the action for lack of jurisdiction, by adding a statement that a controlling question of law is involved as to which there is substantial ground for difference of opinion and that an immediate appeal may materially advance the ultimate termination of the litigation.

The purpose of this procedure is to enable defendant to appeal the. said interlocutory order to the Court of Customs and Patent Appeals under 28 U.S.C. § 1541(b), as amended. That section provides:

* * * when any judge in the Customs…